Jeffrey's, Inc. v. Restaurants, Inc.

BARNS, PAUL D., Associate Judge.

This is an appeal from an order of dismissal in an action at law. We find error and reverse.

Plaintiff-appellant was the landlord of the defendant-appellee and the suit involved rent. The order was entered sua sponte in the absence of any motion and without a hearing or notice of any hearing, and the order was “with prejudice.”

On the day previous to the filing of this action at law the defendant tenant had filed a suit in equity against the appellant seeking a decree granting an abatement of the rent. There may be some issues of law and fact common to both…